I hit someone in crosswalk illegally (I had light); they walked in front – car not cited had witnesses – can she sue me?

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I hit someone in crosswalk illegally (I had light); they walked in front – car not cited had witnesses – can she sue me?

Asked on April 15, 2009 under Personal Injury, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Anybody can sue anybody. The issues are can she win if she sues, and that depends on whether or not you were negligent? If so, was she contributorily negligent? If you both were negligent, whose negligence was greater?

Crossing illegally is usually deemed to involve negligence. But as a driver in most circumstances you should have been driving sufficiently carefully so as to be able to see her and stop in time and you likely had the last clear chance to avoid impact. Of course if she darted out that might be a different story.

It's really a question of all the facts and circumstances and what the folks looking at the facts (such as a jury) might conclude. In fact 95%+ of cases are settled.

I hope you have auto liability insurance. If so your carrier will defend you and pay any judgment up to the amount of your policy limit even if you are found to have been negligent and she is found not at all negligent. In most states, given the facts you stated, her recovery would be reduced due to her negligence even if you were found primarily negligent.


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